The Star (Nairobi)

11 December 2012

Kenya: ICPC Fails On Bid to Serve Ruto, Uhuru By Media

An attempt by a lobby group questioning the integrity of Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto to serve them through newspapers failed yesterday .

High court judge David Majanja rejected a request by the International Centre for Policy and Conflict (ICPC) to serve Kenyatta and Uhuru through newspapers saying the group had not shown court that it has been unable to serve the two through the normal way.

Lawyer Lempaa Soyiaka said he had frantically tried to serve Kenyatta and Ruto with the suit papers as directed by the court last week to no avail. The lawyer asked for permission to serve the two though the media.

But judge Majanja said an affidavit signed by a process server filed in court by the lawyer was inadequate as it did not state details as to when or how they failed to serve the two.

The judge adjourned the case to Friday allow the group try again to serve the two. The judge also enjoined The National Alliance (TNA) to the suit.

In the petition, ICPC want the court to stop Uhuru and Ruto from running for president, deputy president or any other position because are facing charges of crimes against humanity arising from the 2007/08 post-election violence.

The ICPC also wants the electoral commission barred from accepting the candidature of any person seeking to be president, governor, senator or MP if such a person is subject to a criminal case whose sentence is at least six months.The group says Uhuru and Ruto should not run for public office because they do not satisfy the integrity test.

ICPC says a person committed to trial at The Hague would not be able to discharge his duties since he would be required to attend the hearings which would seriously erode the honour and integrity required of any public officer.

Kenyatta and Ruto are facing charges of crimes against humanity arising from 2008 post-election violence which left over 1,000 people dead and over 650,000 displaced from their homes. They are due to stand trial at the ICC from April 2013.

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